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Synopsis

A Delhi High Court bench of Justice Anoop Kumar Mendiratta recently allowed a Non-Government Organization to meet a victim of gang rape who was allegedly paraded in a local area wearing a garland of footwear and beaten by male and female family members of the accused.

"United Sikhs", a United Nations Affiliated Organization had moved the High Court alleging that the representatives of the organisation were not allowed to meet and interact with the victim , who is a Sikh woman ('P'), and the whole area near the parental place of the victim was cordoned off.

The organisation had submitted that by denying the interaction of the representatives of the organization, the victim's rights to hire and engage a lawyer of her own choice and to be provided legal aid, assistance, and guidance for prosecution of crime were denied.

To which, Advocate B Badrinath, Additional Standing Counsel for the State from Delhi State Legal Service Authority informed the bench that the State has no reservation for meeting of any individual or organization with the victim in accordance with law. However, he assured the court that the victim is already being provided with necessary legal aid services.

The bench while noting down the submissions of the Additional Standing Counsel opined, "Since, at present, there is no restriction or bar in meeting of any individual or organization with the victim for rendering any assistance as per stand of the respondents, the petitioner through representatives is at liberty to meet or interact with victim 'P' in accordance with law."

However, the bench directed that any political color shall not be given to the incident, nor any religious reflection be added out of context, to avoid distortion of the criminal justice system.

The court opined that meetings generally cannot be denied for providing necessary legal aid and assistance, if so required by the victim, to ensure delivery of justice and a fair trial but the caution remains that such meetings are not used inappropriately for creating any “law and order” situation or arousing the emotions of a particular community adversely, thereby disturbing the public tranquillity or likely to cause a breach of peace.

Further, the bench clarified that "it may not be appropriate to pass general directions to the respondents allowing for NGOs like petitioner to meet and interact with victims, as prayed by the petitioner, since it has already been submitted on record by learned ASC for the State that there is no such restraint or restriction for meeting the victim, in the present case."

"....the aforesaid question is left open to be suitably considered in appropriate proceedings," the bench added.

Case Title: United Siks Vs. Commissioner of Police, Delhi Police & Ors.